FAQs About Empire Community Management

Your home is part of a community association registered in Arizona and Nevada as a Non-Profit Corporation. A board of directors manages the association. The Board of Directors is the governing body elected by the association members to oversee the association's business affairs. The board establishes the rules and regulations, approves the annual budget, oversees the maintenance of the common areas, enforces the governing documents (CC&Rs, By-Laws, and Articles of Incorporation), and is the decision-making body for all association businesses.

Each year your Association's Board of Directors will prepare, approve and distribute a new budget. The budget represents your board's best estimate of anticipated income, expenses, and operating financial requirements for the association's fiscal year.

Frequently Asked Questions

Will My Assessment Go Up?

A very good question. As with so many things in life, the goods and services used for the operation and management of the association are subject to inflationary pressures. Your association does not operate in an economic bubble isolated from the rest of the world. However, the community members' expectations, need and want ultimately establish the budget through the standard of living they desire.

What Happens if I Don't Pay My Assessments?

Not paying the assessment is a bad idea. The Covenants, Conditions, and Restrictions (CC&Rs) state that not paying your assessment makes the homeowner subject to a lien, which could eventually result in the foreclosure of your home. The CC&Rs further protect the association by prohibiting all offsets. This means should a homeowner feel the association owes the homeowner money or is not performing its duties, and the homeowner does not have the right not to pay any portion of the assessment as an offset. Since the assessment is the primary source of income for the Association and the Association would not be able to function without it, there is a significant protection for the association under current state laws.

Who Do I Call if I Have Questions About My Association Bill?

What Is a Management Company, and What Do They Do?

A Management Company is hired by your Association's Board of Directors to act as an agent on behalf of the association in the operation and administration of the association's business and affairs. Typically, the responsibilities of the Management Company would include:

Administrative: We attend Board meetings and provide advice and counsel to the board relating to insurance, mandatory filings, records and correspondence, legal deliberations/actions, maintenance, finances, and homeowner requests and concerns.

Financial: We maintain banking and accounting services, prepare budget proposals, provide monthly financial reports and statements, and assist in collecting delinquent accounts under the policies and procedures established by the Board of Directors.

Facilities and Maintenance: We propose maintenance specifications, solicit and evaluate bids and administer the association's contracts for the maintenance and service of the common areas.

Emergency Service: We provide a 24-hour emergency on-call service to handle any situation involving manifest danger to life and property or immediately necessary for the preservation and safety of the residents' project.

What Do I Need to Know About Insurance?

Each Association's CC&Rs specify the requirements for insurance coverage for fire and casualty and public liability for the common areas. The extent of the coverage, limits, and deductibles may be obtained by contacting the association's insurance agent. In addition to the coverage provided by your association, homeowners should consult with a qualified insurance expert to consider additional coverage available. Coverage for personal contents, additional property coverage, special assessment losses, flood, etc.

Ultimately, whether you own a Condominium, Townhome, or Single-family Home, you will need to contact your Insurance Agent and provide them with the association's governing documents about insurance and a copy of the Association's Insurance Policy to ensure correct coverage for your home.

How Is My Hoa Managed?

The association's management is subject to certain governing documents, most commonly known as Covenants, Conditions and Restrictions (CC&Rs), By-Laws, and Articles of Incorporation. The governing documents stipulate the purpose, powers, and manner your association operates. The general duties and powers of the association are specified in the governing documents. The following is a content summary of a typical Association's governing documents.

What Do I Need to Know if I Want to Modify My Home?

Before you get started making all those great improvements to your new home, there are several things to consider. Take a moment to read on so you are not caught by surprise when your association comes knocking at your door.

Association Responsibilities: One of the more important functions of an Association is enhancing the desirability and attractiveness of living in the community by preserving the neighborhood's architectural character. The association is granted the power to administer and enforce architectural controls within the community by the Declaration of Covenants, Conditions, and Restrictions (the "CC&Rs"). Typically, Associations administer and enforce architectural rules through an Architectural Review Committee (the "Architectural Committee"). The Architectural Committee is appointed as provided in the CC&Rs. Generally, the committee has the authority to (i) review and approve all plans and specifications for alterations, modifications, and new construction; (ii) establish and administer general Architectural Guidelines and Standards; and (iii) enforce the Architectural Standards within the community.

Homeowner Responsibilities: Before the commencement of any work, it is the individual homeowner's responsibility to review the Association's Architectural Guidelines and Standards and submit their architectural request in full conformance with those Guidelines and Standards. In addition, homeowners are obligated to comply with Master Association governing documents (if applicable), local government ordinances, and building codes.

Purpose of Architectural Guidelines: Architectural Guidelines and standards provide design criteria for home improvements within the community. They are intended to help the owner and the association establish a high quality of appearance, assure a harmonious streetscape, and direct character and form to enhance the community's overall value. These guidelines and standards are to be followed by all Owners for any modifications, changes, or alterations to any portion of a building, landscaping, or lot.

Enforcement and Violations: Failure to submit the required plans and application, and obtain the necessary approval from your association for any alteration, modification, or new construction, may constitute a violation of the CC&Rs. Such violation could result in the association requiring the modification or removal of the work (regardless of whether it has been completed) at the owner's expense. All residents have the right and the responsibility to bring to the attention of the Architectural Committee any violations of any provision or standard that the Association's Board of Directors or the Committee has adopted.

How Do I Request an Architectural Review?

All requests for Architectural Committee approval of improvements must be made with the standard forms/application provided by your Association's Architectural Committee and should be emailed, mailed, or delivered to the Architectural Committee through the Manager for the association in care of the Community Manager: Your Association c/o Empire Community Management, LLC, 1959 S. Power Road, Suite 103-444, Mesa, Arizona 85206. You may email the request to [email protected]. Telephone inquiries should be directed to +1 (480) 278-3789.

How Do I Submit Plans & Applications for Home Modifications?

What Happens if I Submit an Incomplete Application for Modifying My Home?

Your Association's Architectural Committee typically will not review incomplete submissions, and incomplete submissions will generally be returned as insufficient and deemed not formally submitted. Your Association's Architectural Committee typically will not review incomplete submissions. Incomplete submissions will generally be returned as insufficient and deemed not formally submitted.

How Long Does the Review Take?

Committee Review: Architectural review periods vary from Association to Association, and homeowners should check their Association's CC&Rs or with the Manager to verify review periods. Typically, the Architectural Committee will have from 30-45 days from receipt of an Owner's plans to approve, conditionally approve or disapprove. No construction may begin before receiving the Architectural Committee's written approval or the end of the review period as stated in the CC&Rs, whichever occurs first.

What About Final Approval?

Mitten Buttes and Merrick Butte of Monument Valley. Located on the border of Arizona and Utah

Keeping Peace with Your Neighbors

Disputes arise in all aspects of life, but when they involve your home and lifestyle matters, they can have a dramatic impact. Resolving disputes is no easy matter; however, if a dispute does arise, Empire Community Management suggests the following Dispute Resolution Process keep the peace.

Remember R • E • S • O • L • V • E

Remain objective: To effectively facilitate the resolution of disputes, participants must maintain an open mind with a genuine concern for resolving the issues in the best interest of all involved. If the perception is that either party has adopted a stable position, the objective of negotiations will be compromised. Naturally, it is understood that differences do exist. Otherwise, there would not be a dispute to resolve. However, the dispute resolution process needs to involve some middle ground on behalf of the participants. Without this, proper reconciliation of the issues will not be reached, which should be the goal of the participants.

Employ courteous and civil behavior during discussions: Disputes regarding homeownership issues can become very emotional. Often what is at stake are very precious commodities in the form of pride, lifestyle, and perceptions of homeownership rights. These strong feelings can lead to shouting matches if basic courtesies and parliamentary rules are not followed. For this reason, it is crucial that all parties involved in discussions clearly understand the parliamentary procedures employed during the resolution process. These include the following common courtesies and practices:

Only one person to speak at a time.
Do not interrupt others. Show each participant the same courtesy you would want to be extended.
Respect the responsibility and authority of the person chairing the discussion.
Be prepared to speak. Comments should be to the point and relate to the issues under discussion.
Do not shout.
Do not use profanity or another inflammatory language.
Always be polite. You may use words such as thank you, please, and welcome.

Specify what's wrong: The first step in solving a problem is to define the problem. Before effective solutions can be reached, a clear definition of the problem needs to be developed and agreed upon. From this point, progress towards resolution begins. Participants need to state their positions and feelings regarding the issues clearly.

Listen to all positions and options: Listening is the number one duty of all participants. Often a combatant's opportunity to be heard by an objective and the interested party is adequate compensation for accepting compromise and recognizing common ground.

Volunteer solutions: Disagreements are a natural part of negotiations, and alternatives need to be explored when they occur. As an interested participant, you can be a valuable source of alternative solutions to resolve differences. Sometimes a little unbiased insight can lead to amenable solutions to impassable barriers.

End with a clear decision and action: The resolution process should lead to a clear and decisive ending. After all, parties have been given a reasonable opportunity to be heard and participate in the resolution process; reasonable people should be able to conclude. Decisions should be free from ambiguity and clearly state the action or actions taken by all involved parties. If necessary, some follow-up action may be appropriate to verify that the intended results of the decision have been reached.

If this is not successful, please write down your concerns describing the specific rule, covenant, condition, or restriction your neighbor has allegedly violated and mail/email your request to the Board of Directors c/o Empire Community Management, 1959 S. Power Road, Suite 103-444, Mesa, AZ 85206 or email to [email protected], Your request will be reviewed by the board at their next regular meeting.